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Archive for the ‘Illinois workers comp’ Category

What Steps Should I Take After an Injury at Work?

March 20th, 2019 at 9:03 am

Cook County work injury lawyerNo one expects to get injured at work. There may be a higher chance of getting into an accident in certain industries, but regardless of what risks exist in the workplace, it is important to understand the processes to follow when an injury occurs. Most employees in Illinois can file a workers’ compensation claim following an injury that requires medical care or results in missed time at work.

Even if a business only has one employee, the employer is required to have workers’ compensation insurance. This protects workers in the event of a workplace-related injury or death. Workers’ compensation insurance will cover any medical expenses, and depending on whether the injury was severe enough to prevent an employee from working, it may also provide disability benefits. Even if the accident was the employee’s fault, in most cases, it will be covered by workers’ compensation. Some exceptions include if the incident occurred outside of company time, such as when driving to or from work, or if the employee was compromised with drugs or alcohol.

If a work-related injury occurs, follow these steps to take advantage of your deserved workers’ compensation benefits:

  • Get Medical Assistance – Your health and safety are the most important things after an injury or accident. If your injury cannot be taken care of by a basic first aid kit, it is important to seek professional medical care. If necessary, call 911 for emergency medical help. Otherwise, you will want to visit an emergency room, urgent care clinic, or doctor’s office right away. When making a claim for workers’ compensation, these medical records will become important.
  • Notify Your Employer – Your employer may already know about the incident, but it is important to officially notify them, preferably in writing. This must be done within 45 days of the incident. If your verbally notified your employer, note the time, date, and the person you spoke to regarding the situation. A claim will be denied if you wait too long to notify your employer, and you will not be eligible for benefits.
  • Know Your Rights – If an injury has resulted in more than three days of missed work from an employee, the employer has to legally report the accident to the Illinois Workers’ Compensation Commission. When missing work due to a work-related injury or illness, you are entitled to temporary or permanent disability to make up for lost wages until you can return to your previous position. Your employer is not allowed to harass or threaten you for filing a workers’ compensation claim. If you are let go during your claim or told you cannot come back after temporary disability because you filed a claim, your employer is breaking the law.

Contact an Experienced Chicago Workers’ Comp Attorney

There is enough uncertainty after experiencing an injury because of work, so you should be sure that you will be able to receive the proper medical care and be compensated for any lost wages. If your claim is denied, or if your employer is discriminating against you, you will need an experienced Cook County workers’ compensation lawyer on your side. Contact us at 630-574-2288 to arrange a free consultation.

Sources:

https://www2.illinois.gov/sites/iwcc/Documents/icpnform.pdf

Can I Get Workers’ Compensation for Disfigurement From an Injury?

February 21st, 2019 at 10:34 am

Cook County workers' compensation attorney scarring disfigurementIf you are involved in an accident at work, particularly if you work in the manufacturing or construction industries, the results of your injuries may lead to permanent disfigurement or scarring. While the accident may not have taken your life, it can lead to costly rehabilitation and have a significant impact on you for years to come. A visible scar or any kind of disfigurement is emotionally traumatizing. You may be able to go back to work, but your day to day life will never be the same.

What Is Considered Disfigurement?

The Illinois Supreme Court determined that disfigurement is defined as an impairment of appearance that is unusual. It can affect the beauty of a person or the symmetry of their face or body.

If your disfigurement is from the result of an incident at work, you may be eligible for additional workers’ compensation. According to 820 ILCS 305/8, for a disfigurement to be eligible for workers’ compensation, it must be permanent, severe, and located on a reasonably visual part of your body, such as the face, neck, head, hand, arm, cheek, or leg below the knee. Disfigurement to the rest of your body may not be eligible for additional compensation. If an accident caused the loss of an arm or leg, you can not claim both disability and disfigurement benefits for the same body part.

The amount paid out will depend on the severity and location of the disfigurement. For example, a scar on your face is worth more than a scar on your arm or shin. Raised scars or other textured disfigurements are also worth more. A disfigurement to the face, when compared to a permanent superficial injury to a limb, can cause emotional trauma, depending on the severity of the injury. Whether or not the disfigurement interferes with daily tasks is also considered. A person with third or fourth degree burns on their hand may have difficulty using their hand normally.

The benefit rate for non-fatal injuries such as disfigurement is the same as for permanent partial disability benefits. Subject to the minimum and maximum recorded payouts for similar injuries or scenarios, the payout is 60% of a worker’s weekly paycheck. The maximum amount of time an employee can receive payout due to a disfigurement is 162 weeks.

Contact a Chicago Workers’ Compensation Attorney

Getting an injury at work that stays with you forever can be difficult to deal with, and it will serve as a permanent reminder of the pain you have suffered. Even if you are eventually able to return to work normally, you deserve compensation for costs of medical treatment and the emotional toll of your injury. Contact a Cook County workers’ comp lawyer to see if your case is eligible for compensation. Call our office at 630-574-2288 to schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=082003050K8

Understanding an Employer’s Responsibility (and Your Rights) After a Workplace Injury Has Occurred

December 18th, 2018 at 8:06 am

Chicago workers' compensation attorneysEach year, an estimated 4,500,000 work-related injuries occur in the United States. Injuries related to overexertion, contact with an object or equipment, and slips, trips, and falls are the ones that most often keep workers from returning to their jobs, which typically results in a loss of income for the employee. Such injuries allow employees to seek compensation for their injuries through their employer’s workers’ compensation insurance, but the denial rate is exceptionally high. Thankfully, when workers understand their rights, as well as the responsibilities of their employer, the chances of a denied claim can be reduced. Learn more in the following sections. 

5 Industries with the Most Missed Work Days from Job-Related Injuries 

Debilitating work injuries can occur in any field, industry, or setting, but statistics show that there are five industries in which employees regularly suffer injuries that result in the most missed time at work. These include the:

  • Service industry (firefighters, police, etc.);
  • Transportation and shipping industries;
  • Manufacturing and production industries;
  • Installation, maintenance, and repair industries; and
  • Construction industry.

Workers’ Compensation Insurance is Your Employer’s Responsibility

Although there are a few exceptions to the rule, most Illinois employers are required to carry workers’ compensation to cover their employees, should an accident or injury occur. Sadly, not all companies comply. If this happens to you, it may still be possible to seek compensation after an injury. Just be sure to reach out to a seasoned work injury lawyer, as this process usually requires even more effort, knowledge, and diligence than a regular workers’ compensation claim. 

Your Rights During a Workers’ Compensation Claim

Americans assume that the workers’ compensation program was developed by workers, to ensure they are protected from substantial and irrevocable loss, caused by an injury sustained on the job. However, this is not exactly true. Employers, who frequently found themselves in court for severe work-related injuries (such as black lung, death, and other tragedies). Many began to suffer financially. Realizing that they could not get out of paying for an employee’s injuries, they came up with a way to contain the cost of work-related injuries – workers’ compensation. 

What all this really means is that the workers’ compensation system is really set up to protect employers, not the workers who are injured. Still, injured employees do have certain rights, including the right to: 

  • File a claim for any injuries or illnesses related to your job;
  • See a doctor and receive treatment;
  • Return to work if your physician clears you;
  • Not fear retaliation from your employer if you do file a claim;
  • Appeal a decision made by your employer, the insurance company, or the courts; and
  • Be represented by an attorney throughout the entire claim process.

Contact Our Chicago Work Injury Lawyer

If you or someone you love has suffered a workplace injury, and you are unable to return to work, contact the Law Offices of Francis J. Discipio. Seasoned and experienced, our Cook County work injury attorneys  can assist and protect your rights throughout every step of the claim process. Call 630-574-2288 and schedule a free consultation with our offices today.

Sources:

https://www.nsc.org/work-safety/tools-resources/infographics/workplace-injuries

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapAct=820â€%C2%A0ILCSâ€%C2%A0305/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=Workers%27+Compensation+Act.

 

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